Employee and Employer Contributions
The Menlo Circus Club 401(k) Plan likely includes both employee contributions and matching employer contributions, which are common for plans sponsored by business entities in the General Business industry. Whether you’re the participant or the alternate payee, it’s important to understand how the employer match is treated in your QDRO.
Generally, employee contributions are always fully vested. But employer contributions may be subject to a vesting schedule. That means your spouse may have earned some, but not all, of the employer match at the time of divorce. A well-drafted QDRO can specify that you’re only receiving the vested portion as of the date of division.

